- 1 - NC: 2025:KHC-D:1172 MFA No. 105311 of 2023 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 105311 OF 2023 (MV-I) BETWEEN: INTIYAJ S/O. LALSAB SHIKARI AGE. 32 YEARS, OCC. COOLIE, R/O. BENACHI, TQ. ALANAVAR, DIST. DHARWAD NOW AT MADHIHAL, DHARWAD …APPELLANT (BY SRI AMAREGOUDA M., ADVOCATE.) AND: 1. SAIYADAINAYATA S/O. SAIYAD DADAPEER PEERJADE AGE. 48 YEARS, OCC. BUSINESS, R/O. NAGALAVI POST. RAMAPUR, DIST. DHARWAD-580007. 2. THE DIVISIONAL MANAGER UNITED INSURANCE CO. LTD., ANKOLA ARCADE, OPP. KALABHAVAN P.B.ROAD, DHARWAD-580005. …RESPONDENTS (BY SMT. SHARMILA M. PATIL, ADVOCATE FOR R2; R1-NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 21.07.2022, PASSED IN MVC NO.85/2021, ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD BY ENHANCING THE COMPENSATION AS CLAIMED IN THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1172 MFA No. 105311 of 2023 THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant/appellant challenging the judgment and award dated 21.07.2022, passed by the IV Additional Senior Civil Judge and Additional MACT, Dharwad, in MVC No.85/2021, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. Incised wound (R) forearm 2” below (R) elbow, 2” long horizontal bleeding. - 3 - NC: 2025:KHC-D:1172 MFA No. 105311 of 2023 Fracture of humerus; fracture of distal 3rd of (R) femur. 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 20,000 2. Loss of amenities. 20,000 3. Loss of income during laid-up period. 24,000 4. Towards nourishment and attendant charges and transportation charges. 15,000 5. Loss of future income. 1,95,840 Total: 2,74,840 6. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 7. Considering the injuries sustained, compensation of Rs.50,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities are awarded. The compensation towards medical expenses is not awarded as there are no bills produced by the claimant. Further, Rs.15,000/- awarded - 4 - NC: 2025:KHC-D:1172 MFA No. 105311 of 2023 by the tribunal towards incidental expenses like food, nourishment, travelling, attendant charges, etc., is kept intact. 8. The doctor has stated that the claimant had suffered disability of 25% to the right lower limb. Therefore, considering the evidence of the doctor, 10% functional disability to the whole body is taken into consideration two fractures. 9. The accident is caused on 26.10.2020. Therefore, notional income of Rs.13,750/- per month is to be taken into consideration, which is recognized by the Karnataka State Legal Service Authority for the year 2020. The claimant was aged 29 years at the time of accident. Therefore appropriate applicable multiplier is 17. Hence, loss of future income due to disability is hereby reassessed and quantified at Rs.2,80,500/- (Rs.13,750 x 10% x 12 x 17). 10. Further the claimant is entitled for a sum of Rs.41,250/- (Rs.13,750/- x 3 months) is awarded towards - 5 - NC: 2025:KHC-D:1172 MFA No. 105311 of 2023 loss of income during the period of treatment for a period of three months. 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 50,000 2. Loss of amenities. 30,000 3. Towards loss of income during laid up period and medical treatment period. 41,250 4. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 15,000 5. Loss of future earning capacity. 2,80,500 Total: 4,16,750 12. Therefore, the claimant is entitled for total compensation of Rs.4,16,750/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,74,840/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation amount within eight weeks from the date of receipt of a certified copy of this judgment. 13. In the result, I proceed to pass the following: - 6 - NC: 2025:KHC-D:1172 MFA No. 105311 of 2023 ORDER i) The appeal is allowed in part. ii) The judgment and award dated 21.07.2022, passed by the IV Additional Senior Civil Judge and Additional MACT, Dharwad, in MVC No.85/2021, is modified. iii) The claimant is entitled for total compensation of Rs.4,16,750/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.2,74,840/- awarded by the tribunal. iv) The claimant is not entitled for interest for the delayed period of 374 days in filing the appeal. v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. - 7 - NC: 2025:KHC-D:1172 MFA No. 105311 of 2023 vi) Send a copy of this judgment and award to the trial Court. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK Ct-CMU LIST NO.: 2 SL NO.: 13